KRISHNA KUMAR versus DIVISIONAL ASSISTANT ELECTRICAL ENGINEER CENTRAL RAILWAY AND ORS.

KRISHNA KUMAR versus DIVISIONAL ASSISTANT ELECTRICAL ENGINEER CENTRAL RAILWAY AND ORS.

Removal of an employee from a civil post by an authority subordinate in rank to the authority by which he was appointed is in contravention of Article 311(1). Delegation of the appointment power after appointment does not authorize the delegate to remove the incumbent.

Parties
Appellant: Krishna Kumar; Respondent: Divisional Assistant Electrical Engineer, Central Railway and Ors.
Jurisdiction
India
Judgment Date
17 July 1979
Procedural Posture
Civil Appeal / Appeal by Special Leave From Summary Dismissal of Writ Petition by Bombay High Court (nagpur Bench)
Outcome
Appeal allowed
Legal Topics
Article 311(1), Removal of Civil Servant, Delegation of Appointment Power
Constitutional Law Service Law Article 311(1) Removal of Civil Servant Delegation of Appointment Power

Case Brief

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Parties

Krishna Kumar

Appellant

Divisional Assistant Electrical Engineer, Central Railway and Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Summary Dismissal of Writ Petition by Bombay High Court (nagpur Bench)

Legal Issues

  1. 1 Whether removal of appellant by an authority subordinate to his appointing authority violates Article 311(1) of the Constitution

Ratio Decidendi

Removal of an employee from a civil post by an authority subordinate in rank to the authority by which he was appointed is in contravention of Article 311(1). Delegation of the appointment power after appointment does not authorize the delegate to remove the incumbent.

Court Disposition

Appeal allowed

Orders

  • Order of removal dated August 31, 1976 set aside as unconstitutional and of no effect.
  • Appellant to be deemed to continue in service until government lawfully terminates service.